LOYALTY PROGRAM

eGO GENERAL TERMS AND CONDITIONS

 

1.     GENERAL PROVISIONS

These Loyalty Program eGO General Terms and Conditions(hereinafter eGo GTC) establish terms and conditions for registration and participation in the Program eGO of Ride Share Bulgaria EAD, legal entity registration number 204787918, with the registered office at the address: city of Sofia, p.c. 1592, "Iskar" district, 41 "Christopher Columbus" Blvd., 3rd floor.

For the purposes of these Terms and Conditions, the capitalised terms shall have the following meanings:

“SPARK” shall mean “Ride Share Bulgaria” EAD, legal entity registration number 204787918, VAT identification number BG204787918, with the registered office at the address: city of Sofia, p.c. 1592, "Iskar" district, 41 "Christopher Columbus" Blvd., 3rd floor, Represented by Dimitar Vladimirov Stoyanov - Executive Director, Phone №: 00 359 2 4193476 E-mail: office@spark.bg. The data for the company are collected and stored in the Commercial Register and the register of non-profit legal entities of the Republic of Bulgaria.

“Operator of the Vehicle” shall mean SPARK or another legal operator of the Vehicle, indicated in the Vehicle Use Agreement.

“User” shall mean the natural person with legal capacity, indicated in the Vehicle Use Agreement who holds a driving licence, issued by the competent authorities of one of the following countries: Republic of Austria, Kingdom of Belgium, Republic of Bulgaria, Federal Republic of Germany, Republic of Greece, Kingdom of Denmark, Estonia, Republic of Ireland, Kingdom of Spain, Republic of Italy, Republic of Cyprus, Republic of Latvia, Republic of Lithuania, Great Duchy of Luxembourg, Republic of Malta, Kingdom of the Netherlands, Republic of Poland, Republic of Portugal, Republic of Romania, Slovak Republic, Republic of Slovenia, Republic of Hungary, Republic of Finland, Republic of France, Republic of Croatia, Czech Republic and Swiss Confederation means and at least 1 (one) year of category B driving experience. Each time the User registers in the Mobile Application and starts using the Vehicle, the User shall unconditionally certify that he/she is entitled to use the Vehicle in accordance with the terms and conditions of the Vehicle Use Agreement and who has an active Account on the Mobile Application and has actively joined the Program eGO.

“eGO Program” shall mean a loyalty Program conducted by SPARK, the terms of which are specified in these GTC.

“eGO Points” shall mean virtual loyalty points accumulated in the User's Account.

“Mobile Application” shall mean the Vehicle search, reservation, use, payment, and other service provision platform, operated by SPARK in the smartphone. The Mobile Application may be downloaded free of charge from App Store or Google Play online platforms.

“Long term use offers” – shall mean certain trip offer purchased through the SPARK Mobile Application for a fixed period, their conditions shall be available on the Website and the Mobile Application.

“Account” shall mean an electronic service in SPARK information system allowing the User to use the Vehicle use and other services. The User shall be entitled to login to his/her Account through the Mobile Application after registration in the Mobile Application. The User shall login to his/her Account using his/her Login Name or another name and the Password.

“Services” shall mean (i) visit and use the Website of SPARK www.spark.bg;(ii) use the Mobile Application of SPARK; (iii) register your Account in the Mobile Application; (iv) reserve a Vehicle and seek to conclude the Vehicle Use Agreement; (v) use the Vehicle; (vi) use other services provided by SPARK through your Account.

 “Vehicle Use Period” shall mean the period of time from the successful unlocking of the Vehicle by selecting the "Unlock" command on the smartphone screen using the Mobile Application by the User until the return of the Vehicle to the authorized places specified in these Rules and termination of use of the Vehicle by selecting the "Lock" command on the smartphone screen via the Mobile Application and receiving a confirmation from SPARK for the successful termination of use by sending an e-mail / e-mail to the e-mail provided for correspondence by the User containing data on the use of the Vehicle. For the Period of use of the Vehicle the User is obliged to pay the price of SPARK determined according to the current Price List for the Services.

“Parties” shall mean the Operator of the Vehicle and the User collectively; each of them shall be individually referred to as a “Party”.

“Website” shall mean the website of SPARK - www.spark.bg.

 

2.     JOINING the eGo Program

2.1. A User with an active Account in the Mobile Application has the opportunity to voluntarily participate in the eGo Program by following the steps in the Mobile Application.

By accepting these “eGO GTC”, the User declares that he has read and agrees with them. These “eGo GTC” are confirmed and accepted by the User electronically remotely through the Mobile Application or the Website, and they are considered a valid and legally binding document between the Parties and have the same legal effect as a paper-signed version of the document.

2.2. A user who has collected eGo points before the introduction of the current eGO Program, by accepting these "eGO GTC" gives his explicit consent for the already collected eGo points to be transferred and used in accordance with the established conditions.

 

3.     eGO POINTS AND THEIR BENEFITS

3.1. A User who joins the eGO Program, respectively, accepts these “eGO GTC”, has the opportunity to collect eGO Points, which, following the steps in the Mobile Application, can be exchanged for a voucher for SPARK Services or a discount for products and/or services of SPARK partners, determined and indicated by SPARK in the Mobile Application.

3.2. The User collects eGO Points in the following cases:

3.2.1. Upon a completed Vehicle Use Period, which has been successfully paid for with a payment card.

3.2.2. Upon a purchased Long term use offers, paid for with a payment card.

3.2.3. Upon placing an electric vehicle, marked with a special indicator in the Mobile Application showing a low percentage of battery charge, in charging mode at a charging station in the “Eldrive”.

3.2.4. When performing tasks and/or challenges, the terms of which are determined and specified by SPARK in the Mobile Application.

3.3. The User is aware that the specific terms for exchanging/using eGo Points are determined and specified by SPARK in the Mobile Application.

3.4. The collected eGO Points do not constitute legal tender, cannot be converted into their monetary equivalent, cannot be transferred either to the User’s payment card, or to other bank accounts of the latter and/or other persons, and cannot be transferred to another User.

3.5. The validity period of the eGO Points collected by the User is 12 (twelve) months from the moment of their receipt. eGO Points collected and unused by the User within the established period of 12 (twelve) months are cancelled and are not compensated to the User.

3.6. In case of temporary deactivation of the User’s Account in the Mobile Application, the collected eGO Points are retained and can be used upon subsequent activation of the Account. In this case, their validity is not extended.

3.7. When the User exercises his right to exchange eGo Points, the latter are not subject to refund or exchange for another voucher for SPARK Services or a discount for products and/or services of SPARK partners.

3.8. The User is aware that SPARK is not responsible for products and/or services of SPARK partners for which eGO Points have been exchanged.

 

4. Processing of Personal Data

When processing Participant personal data, SPARK adheres to the Privacy policy which is publicly available both in the Mobile Application and the Website - www.spark.bg.

 

5. SUSPENSION AND TERMINATION OF PARTICIPATION IN THE eGO PROGRAM

5.1. Participation in the eGO Program is suspended in the event of deactivation of the Account, which means that at that moment the User cannot collect or use his/her available eGO Points, nor exchange them for a voucher for SPARK Services or a discount for products and/or services of SPARK partners.

The validity of vouchers for SPARK Services or a discount for products and/or services of SPARK partners is not suspended during the period of deactivation of the Account. Cases of deactivation of the Account are described in the Vehicle Use Rules, publicly available both in the Mobile Application and on the Website.

5.2. The User’s participation in the eGO Program may be terminated:

5.2.1. Upon submission by the User of a written request by e-mail to SPARK to terminate his/her participation in the eGO Program;

5.2.2. Upon termination of the eGo Program by decision of SPARK, the company shall notify the User at least 30 (thirty) days prior to termination of the eGO Program by sending an e-mail.

5.3. Regardless of the reason for termination of the User's participation in the eGO Program, all eGO points are canceled upon termination and will not be restored upon rejoining the eGO Program. Termination of the User's participation in the eGO Program does not affect the validity of already provided (exchanged for eGo Points) discount vouchers for products and/or services of SPARK partners, however, information regarding specific provided vouchers will not be available in the Account and will not be restored upon subsequent rejoining the eGO Program.

 

6. FINAL PROVISIONS

6.1. These “eGo GTC” may be amended unilaterally by SPARK and SPARK notifies the User within 7 (seven) days from the date of the amendment.

6.2. If the User does not agree with these changes, he has the right to immediately terminate his participation in the eGO Program. Failure to exercise the right to withdraw from the eGO Program and continued participation in the program is considered by SPARK as acceptance by the User of the amended eGO rules.

6.3. The applicable and valid version of the “eGo GTC” will always be available in the Mobile Application and on the Website.

6.4. These “eGo GTC” shall be governed by the law of the Republic of Bulgaria. 

6.5. Every dispute, disagreement or claim arising from or related to the “eGo General Terms and Conditions”, their breach, termination or validity, shall be resolved first by conducting mutual negotiations between the Parties in accordance with the principles of impartiality, reasonableness and fairness. If the Parties fail to reach an agreement through negotiations within 20 (twenty) days of receiving a written proposal to continue negotiations or if either Party decides that further negotiations are inexpedient, any dispute, controversy or claim shall be finally resolved by the competent court of the Republic of Bulgaria, in accordance with the rules established in the provisions of the Civil Procedure Code.

6.6. If any provision of the “eGo GTC” is in conflict with the legislation of the Republic of Bulgaria, or for any reason becomes partially or fully invalid, it shall not affect the validity of the remaining provisions of the “eGo GTC”.